Chatham County, NC - File #: 25-0450

• File #: 25-0450
• Version: 1
• Type: Agenda Item
• Status: Public Hearing
• File created: 8/29/2025
• In control: Planning
• On agenda: 9/15/2025
• Title: Hold a legislative public hearing requested by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from December 31, 2025, to December 31st, 2026 as a result of legislative action S382
• Indexes: Comp Plan Goal 1: Preserve the rural character and lifestyle of Chatham County, Comp Plan Goal 10: Foster a healthy community., Comp Plan Goal 2: Preserve, protect, and enable agriculture and forestry., Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers., Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting., Comp Plan Goal 5: Conserve natural resources., Comp Plan Goal 6: Provide recreational opportunities and access to open space., Comp Plan Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives., Comp Plan Goal 8: Become more resilient by mitigating, responding and adapting to emerging threats., Comp Plan Goal 9: Provide equitable access to high-quality education, housing and community options for all.

Title
Hold a legislative public hearing requested by the Chatham County Planning Department to amend the effective date of the adopted Unified Development Ordinance from December 31, 2025, to December 31st, 2026 as a result of legislative action S382

Abstract
Introduction & Background:
The Chatham County Board of Commissioners adopted the Unified Development Ordinance (UDO) at their meeting on November 18, 2024. To allow time for zoning implementation, the Board delayed the effective date to July 1, 2025.

Shortly after adoption, the North Carolina General Assembly introduced Senate Bill 382, which includes a provision that significantly restricts local zoning authority. Specifically, the bill prohibits local governments from initiating any "downzoning" without the written consent of affected property owners. "Downzoning" is defined as any amendment to zoning regulations or maps that:
* Decreases allowable development density,
* Reduces permitted uses of a property, or
* Creates a nonconforming use, lot, or structure.

This provision has raised concerns among local governments across North Carolina, as it limits their ability to make zoning changes that address community needs, environmental priorities, or long-term planning goals.

In Chatham County, S382 halted efforts to implement the UDO through county-initiated rezonings aligned with Plan Chatham's Future Land Use Map, particularly in rural, agricultural, and protected areas. County staff, the County Attorney, the Manager's Office, and planning consultants White & Smith reviewed the implications of SB 382. In January 2025, staff met with the Board of Commissioners to discuss the legislation and recommended pausing UDO implementation until there was clarity on whether the bill's downzoning provision would be repealed or revised.

By early spring 2025, it became evident that the original effective date of July 1, 2025, would need to be postponed. Staff proposed a new effective date of December 31, 2025, to a...